PAYE95005 | Reconcile individual: HMRC delay: ESC A19: text of the concession

The text is a statement of HMRC policy intent and the whole text, must be considered; no part should be taken in isolation. Our guidance expands on the text to ensure we apply policy intent fairly and consistently to all our taxpayers.

ESC A19 text

Arrears of income tax and capital gains tax may be given up if they result from the failure of HMRC to make proper and timely use of information supplied by

• A taxpayer about his or her own income, gains or personal circumstances

Or

• An employer, if the information affects a taxpayer's coding

Or

• The Department for Work and Pensions (DWP), about a taxpayer's state retirement, disability or widow's pension

Tax will normally be given up only if the taxpayer

• Could reasonably have believed that his or her tax affairs were in order

And

• Was notified of the arrears more than 12 months after the end of the tax year in which HMRC received the information indicating that more tax was due

Or

• Was notified of an over-repayment after the end of the tax year following the year in which the repayment was made

In exceptional circumstances arrears of tax notified 12 months or less after the end of the relevant tax year may be given up if HMRC

• Failed more than once to make proper use of the facts they had been given about one source of income

And

• Allowed the arrears to build up over two whole tax years in succession by failing to make proper and timely use of information they had been given